Obtaining Permanent Residence in Ukraine: A Case Study in Overcoming Challenges

Foreigners aiming to obtain a permanent residence permit in Ukraine face numerous challenges and obstacles. Determining eligibility under Ukrainian law and understanding the nuances of document submission are just a few of the steps necessary to achieve this goal. Our lawyers understand these difficulties and provide professional assistance throughout the process of obtaining a permanent residence permit.

With over 15 years of experience and expertise, we successfully tackle even the most complex immigration issues. We work to save our clients' time and resources, helping them efficiently and effectively secure the desired permit. This article will cover a representative case involving our client, a citizen of India, who successfully transitioned from temporary to permanent residence in Ukraine, overcoming various challenges along the way with our assistance.

Obtaining a Residence Permit in Ukraine through Business Registration for Foreigners

Three years ago, our lawyers helped a foreign client register a company in Ukraine, which enabled him to obtain a temporary residence permit based on employment within this company. This permit legally allowed him to live in Ukraine.

Later, he decided to apply for permanent residency. We outlined that this process is lengthy and involves two phases:

• Obtaining an immigration permit (at that time, the process took about a year);
• Obtaining a permanent residence permit (which could take up to two months).

As our client planned to apply for an immigration permit as an IT specialist, we had to meticulously analyze his documentation, which served as the basis for his immigration, and ensure that it aligned with legislative requirements.

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Permanent Residence Permit in Ukraine for an IT Specialist: Obtaining Immigration Permit

As a highly skilled professional, a foreigner must meet specific requirements concerning work experience, expertise, and possess a diploma in the relevant field to qualify for an immigration permit. Our client encountered no issues meeting these criteria. He obtained his education in Microelectronics from an Indian university and has been working with top IT companies in recent years.

We confirmed that our client satisfies all the requirements for securing permanent residency as an IT specialist. The subsequent step involved obtaining confirmation of compliance with these requirements from both the Ministry of Economy and the Ministry of Digital Transformation. Therefore, we commenced preparing an application to these authorities to procure a document endorsing the application for an immigration permit.

The typical waiting period for a response to such an application is approximately one month. Therefore, it was crucial during this time not to waste any opportunities and to prepare other necessary documents. Particularly, while abroad, the foreigner needed to arrange for the apostillation of their Indian residency certificate, diploma, and a certificate of no criminal record. We took charge of the translations.

Additionally, a mandatory requirement is undergoing a medical examination to determine whether the individual suffers from chronic alcoholism, drug addiction, or infectious diseases. It's essential to undergo this medical examination specifically at a Ukrainian hospital and obtain a certificate in accordance with the established format.

When we received positive responses from both the Ministry of Economy and the Ministry of Digital Transformation, we assisted our client in submitting the documents for obtaining an immigration permit. Since he applied in June 2023, prior to the implementation of the provisions of the Law reducing the processing time of applications to 6 months, he was subject to the regulations of the old norms. According to these norms, one had to wait for 1 year to obtain the permit.

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Client's Citizenship Change During the Immigration Permit Application Review by Immigration Authorities

Four months after submitting the documents for an immigration permit, the client informed us that he would soon be obtaining Canadian citizenship and would renounce his Indian citizenship. The problem arose because he had applied for an immigration permit as an Indian citizen. Therefore, it was necessary to amend the application regarding his citizenship, which meant submitting new documents. These documents needed to be apostilled and translated into Ukrainian beforehand. And all of this had to be completed within just 10 days!

We weren't daunted by this challenge. Together with the client, we sprang into action and devised a plan for our next steps.

1.      We drafted a power of attorney for our company's lawyers to submit all these documents to the immigration service, as the foreigner was abroad and dealing with matters related to obtaining new citizenship, thus unable to come to Ukraine. He signed this power of attorney abroad and sent it to Ukraine.

2.      From the date of issuance of the new passport, we had only 10 days to make a notarized translation and then submit it to the immigration service. The deadline started from the date indicated in the passport, not from the actual date of receiving it. Once our team received a scan of the Canadian citizen's passport, we immediately sent it for translation and submitted it to the immigration service on behalf of the power of attorney along with the application for changes, meeting the 10-day deadline.

3.      Afterwards, the immigration service requested several more documents, which also needed to be apostilled, including a certificate of residence in Canada, fortunately without setting a strict deadline. However, we understood the need to act swiftly, so we ensured the provision of all necessary documents. This time, we ensured the foreigner's personal presence at the immigration office and presented the originals of all the new documents.

Within just a week of submitting the documents, we received a positive decision granting an immigration permit, which truly validated our efforts. The client didn't have to wait until June 2024. He had the permit in hand by early February. What's more, it was issued in the name of the Canadian citizen.

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Submitting Documents for Permanent Residency: A Successful Approach

The immigration permit obtained specified that the foreigner needed to visit the consulate, obtain a D-01 visa (immigration), enter Ukraine with this visa, and then submit documents for permanent residency in Ukraine. However, thanks to the expertise of our lawyers, the foreigner saved a significant amount of time and money associated with this process. How was this achieved?

The key aspect here was that our client was in Ukraine at the time the decision to obtain a permit was made, which proved to be highly advantageous. In such a scenario, there was no need for the individual to depart the country, apply for a visa, and then return. Instead, he could directly visit the migration service with a small set of documents and apply for a residence permit.

The legality of staying in Ukraine will be confirmed by a stamp in his passport indicating entry before the decision on granting an immigration permit and staying under the visa-free regime for up to 90 days. A temporary residence permit in Ukraine could also serve as this document, but not in the case of our client, who entered with a Canadian passport while the permit was issued for an Indian citizen. After submitting the documents, we received a decision to issue the permit within 2 weeks.

Ultimately, our client's successful case serves as an excellent example of our professionalism and ability to assist foreigners in obtaining a permanent residence permit in Ukraine. This client continues to use our services, particularly as their goal now is to bring his mother to Ukraine and obtain a permanent residence permit for her based on being a family member of an immigrant.

Our company provides a comprehensive range of immigration support services, including:

• Evaluation of the client's situation and documents for obtaining a permanent residence permit in Ukraine.
• Consultations on acquiring a permanent residence permit.
• Preparation of necessary documentation.
• Assistance with document submission for immigration in Ukraine.
• Document preparation for a permanent residence permit after obtaining an immigration permit.
• Support throughout the process of obtaining a permanent residence permit.
• Assistance with residence registration in Ukraine.

We are proud to assist our clients in achieving their goals and instilling confidence in their future in Ukraine. Our professional team is always at the forefront of our clients' success and is ready to help address any immigration concerns. So, if you need assistance, feel free to reach out to us!